Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kyrgyzstan (Ratification: 1992)

The Committee recalls that in its previous comments it had noted that pursuant to sections 3, 5 and 10 of the Law on Collective Agreements, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it had further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, are represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process.

The Committee welcomes the Government’s indication that this question will be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development of 3 May 2019. The Government indicates in this respect that the Federation of Trade Union of Kyrgyzstan prepared a draft law to amend certain legislative acts, including the Labour Code and the Law on Collective Agreements, aiming to ensure, in particular, that collective bargaining remains a prerogative of trade unions. The Committee requests the Government to provide information on all developments in this regard.

The Committee notes the information on the number of collective agreements concluded in the country in 2018 and requests the Government to provide the same type of statistics for the subsequent years.